Is it legal in Texas to use lethal force to protect my pet?

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    TexasRedneck

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    Generally speaking the law holds pets to be "chattel". As such, it's property - but before I'd shoot the dog, I'd have exhausted every other reasonable option at my disposal.
     

    Texas42

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    More specifically, Texas Penal Code says deadly force might be justified to prevent the imminent commission of theft during the nighttime and criminal mischief during the nighttime. I'm not sure you can classify a dog attacking your dog as either one.


    Here is another question. (Im not a lawyer). Is shootin another dog considered using deadly force? I know that sounds weird, but . . . . I'm not a lawyer.

    I just think the, rationally (which may not apply) that the legal statute to shoot a person and a dog might be different.

    EDIT: oops, I think someone else already said this. . . sorry.
     

    DoubleActionCHL

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    Here is another question. (Im not a lawyer). Is shootin another dog considered using deadly force? I know that sounds weird, but . . . . I'm not a lawyer.

    I just think the, rationally (which may not apply) that the legal statute to shoot a person and a dog might be different.

    EDIT: oops, I think someone else already said this. . . sorry.

    I think the easy answer to this question is to be able to articulate a reasonable and immediate fear for your life, or the life of another HUMAN.
     

    JKTex

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    Im looking for a reference to a law, not personal advice. But thanks anyway.

    Then you need to reference the law yourself or ask a lawyer.

    Also, a CHL has nothing to do with rights to kill an animal or person. A CHL gives you no additional rights to use a firearm.

    It's scary to think people get their CHL and still don't understand what it is. Maybe too many people rely on the class to teach them everything they need to know about owning and using a firearm.

    Beyond that, I think this is another case of an issue being made too complicated. If your dog is restrained and another dog is not and you or your dog has not violated that dogs space or provoked in any way, do what you need to do to stop the attack if you believe it needs to be stopped. If you can't stop it, stop the dog with a shovel, shoe, brick, firearm, bicycle or whatever it takes to stop the attack. I suppose if you're close enough, a CHL might slit it's throat if you hold it just right..... But if you get that close and hold the dog so you can slit it's throat, you might have a hard time explaining why you slit it's throat when you had it restrained.
     

    popo22

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    I would look under the "Cruelty to Animals" law in the "Penal Code" for this particular answer. I believe it addresses this and may give you the justification you are looking for within limits. Good Luck
     

    KellyAsh

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    Then you need to reference the law yourself or ask a lawyer.

    Also, a CHL has nothing to do with rights to kill an animal or person. A CHL gives you no additional rights to use a firearm.

    It's scary to think people get their CHL and still don't understand what it is. Maybe too many people rely on the class to teach them everything they need to know about owning and using a firearm.

    Beyond that, I think this is another case of an issue being made too complicated. If your dog is restrained and another dog is not and you or your dog has not violated that dogs space or provoked in any way, do what you need to do to stop the attack if you believe it needs to be stopped. If you can't stop it, stop the dog with a shovel, shoe, brick, firearm, bicycle or whatever it takes to stop the attack. I suppose if you're close enough, a CHL might slit it's throat if you hold it just right..... But if you get that close and hold the dog so you can slit it's throat, you might have a hard time explaining why you slit it's throat when you had it restrained.

    Read all the prior posts before responding, please. As I stated in an earlier reply, the original question should have been something like, "Is a pet considered property in the state of Texas?"

    My question was poorly stated in the original question as this does not have anything to do with a CHL. I added that to avoid people assuming more than was necessary as they will do too often, ie responses like, "if you dont have a CHL in Texas then you will go to jail anyway, etc" which would be totally irrelevant to the question.
     

    kingofwylietx

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    This completely answers the question:

    Texas statute provides that a DOG or coyote that is attacking, is about to attack, or has recently attacked livestock, DOMESTIC ANIMALS, or fowls MAY BE KILLED by ANY PERSON WITNESSING THE ATTACK or the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack. A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote

    citation/source, plus additional info: Texas Dogs or Coyotes That Attack Animals
     

    Shorts

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    Kelly, I've had the same questions in regards to carry and walking my dog.

    If you or yours is attacked in the road or sidewalk, the aggressive attacking dog is fair game.

    My dog and I have been targeted by aggressive dogs who have left their property to chase us on the road. I have used a walking stick and rocks, and my .45 was on my hip. Luckily it did not need to come down to me pulling my carry in order to stop the attack. But it was a huge concern when I started to seriously consider it. "What happens afterward?" And not just legal questions, but personal social questions about causing riffs with those neighbors in the subdivision.

    Chances are if you were targeted by an aggressive dog that left its property others were also targeted. This scenario is probably not isolated. If you want to start covering your bases, call animal control in your area and at the least make a report about a loose aggressive dog at the address or street. If a bigger incident does occur, whether with you or someone else, there will be a paper trail history that backs up the course of action.
     

    DoubleActionCHL

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    In addition to deciding whether or not deadly force is justified, you must also consider your liability under TPC Section 46.035. If a court does not believe deadly force was justified, you could also be hit with "intentionally failing to conceal."

    Sorry... if you want something complicated, just call me!
     

    M. Sage

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    Read all the prior posts before responding, please. As I stated in an earlier reply, the original question should have been something like, "Is a pet considered property in the state of Texas?"

    Is a dog a person? Nope. Is it a corporation? Nope. Does it belong to you or someone else? Yes. It's property.

    If the answer to the last question is no, it's a wild animal. Wild dogs need to be shot on sight.
     

    Big country

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    Just a little off topic thought. I researched the prepaid legal services a while back and all the ones I found turned out to be a scam. I'm not saying that they all are, but research really hard. There were people having their credit cards billed non stop by these prepaid services. Like I said not saying they are all terrible just saying look good and hard before handing them your credit card number.
     

    DCortez

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    Just a little off topic thought. I researched the prepaid legal services a while back and all the ones I found turned out to be a scam. I'm not saying that they all are, but research really hard. There were people having their credit cards billed non stop by these prepaid services. Like I said not saying they are all terrible just saying look good and hard before handing them your credit card number.


    There was a guy at Shiloh selling pre-paid legal yesterday. I have no idea if he's associated with, is used by, or is recommended by Shiloh.

    I'll open up a post in ot.
     

    bikerbill

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    Last spring I was walking my beagle on a road behind the golf course where we live north of Austin ... I have a CHL but was armed only with a 3-inch folding knife that morning ... as we rounded a corner, I heard several dogs barking and spotted three dogs about 300 yards away, two mutts led by what looked like a lion-sized german shepherd ... then they charged .. oog ... I pushed Shiner behind me and flipped the knife open, thinking this is gonna hurt ... about 10 yards away, the shepherd changed his mind and suddenly peeled off into the bushes, his stooges right behind him ... after my heart slowed from 200 bpm, I decided it was time to start carrying even on dog walks ... I found the three dogs a week or so later ... they were a neighbor's and had somehow gotten out of his yard ... anyhow, the point is ... I would have shot all three without thinking for a second, to protect both myself and the dog, and I can't imagine any legal consequences ... should have sued the owner for potential heart failure ...
     

    JohnnyLoco

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    I always enjoyed a bit of dog hand to hand where you jam your hand or arm in his mouth behind the back teeth, hold the mouth shut, lift them up and slam their head on the pavement breaking it like a coconut and then putting a lean on the owners property and filing suit. Whipping the owners ass would be a plus too.

    Pepper spray works well though, so does an air horn.
     

    Texas1911

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    I always enjoyed a bit of dog hand to hand where you jam your hand or arm in his mouth behind the back teeth, hold the mouth shut, lift them up and slam their head on the pavement breaking it like a coconut and then putting a lean on the owners property and filing suit. Whipping the owners ass would be a plus too.

    Pepper spray works well though, so does an air horn.

    Let's not turn this into 4chan.
     
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